Parent Immigration

In every American dream, it will always include the desire to protect and house all of your loved ones beneath one roof. As immigrants, you dreamed of being with them and cherishing every moment of your new profound American life. Luckily, this is made possible by petitioning for your parents to have a green card.

Our North Carolina immigration lawyer has fought for our client’s immigration dreams. Their experience and knowledge regarding immigration law have molded them to offer competent legal services to people seeking immigration. With this, they have been able to mount an effective defense in front of the immigration courts. 

Make your American dream a reality. Reunite with your family now!

At Diener Law, we have constantly been working to provide our clients with competent legal advice and representation. In our pursuit of providing well-rounded legal services, we cover every aspect of immigration law, such as but not limited to:

• Removal (deportation) proceedings
• DACA
• Marriage & Fiancé Visa
• Victims of Crime (U visa)

Moreover, we provide legal representation to clients with personal injury and workers’ compensation cases.

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The U.S. immigration system is grounded on the principle of reuniting families. It means that the immigration laws are designed in such a manner that families of green card holders or U.S. citizens can be reunited and live together in the U.S.

A family member can be petitioned for lawful permanent residency in the United States under family-based immigration. 

 The qualifying family members are as follows:

Immediate relative of a U.S. citizen

• Spouse
• Child
• Parent

Family Preference

This system is intended for those distant family members who do not belong to the “immediate relative” category. Keep in mind that there is a yearly cap on the number of green cards issued, which varies according to preference.

• First preference: unmarried child (21 years of age and older) of a U.S. Citizen
• Second preference (A): spouse and unmarried children (under 21 years old) of a Lawful Permanent Resident (known as green card holder)
• Second preference (B): unmarried child (21 years of age and older) of a Lawful Permanent Resident (LPR)
• Third preference: married children of a U.S. citizen
• Fourth preference: siblings of a U.S. citizen

Who is Eligible to Petition their Parents?

You must be a U.S. citizen and at least 21 years old at the time you file the petition on behalf of your parents. You are a U.S. citizen if you were born in one of the 50 states, went through the naturalization process, or were born outside of the U.S. or its territories, and one of your parents was a U.S. citizen at the time you were born.

Who is Considered as your Parent?

Natural Parents

Mother

You can just show your birth certificate if you are petitioning for your mother. Also, if your mother changed her name because she married someone else, bring her marriage certificate or any court paperwork proving the name change.

Father

You may still apply for your biological father as an immediate relative even if he did not marry your mother before or after you were born.

If you were born out of wedlock and your father did not legitimize you before the age of 18, you must present the following documents:

• Your birth certificate. It must show your name and your father’s name.
• Your certificate of naturalization (only applies if you were not born in the United States)
• Any proof that you and your father had an emotional or financial tie before you were married or became 21, whichever came first.

If you were born out of wedlock, but your father legitimated you before the age of 18, you must present the following documents:

• Your birth certificate. It must show your name and your father’s name.
• Your certificate of naturalization (only applies if you were not born in the United States)
• Any proof indicating you were legitimated before your 18th birthday, the laws of your state or country (of birth or residency), or the laws of your father’s state or country (of birth or residence).

Stepparents

When one of your parents marries someone other than your biological parent before you reach the age of 18, that person becomes your stepmother or stepfather. When you file for your stepparent, you must present the following documents:

• Your birth certificate. It must show the name of your biological parents.
• Your biological parent’s civil marriage certificate to your stepparent. It must show that the marriage has been done before you turn 18.
• Any documents (e.g., divorce or annulment decrees and death certificate) that demonstrate that your natural or stepparent’s previous marriage was legally terminated.

Remember that the marriage between your father or mother and your stepparent must have happened before your 18th birthday in order for your stepparent to get immigration benefits.

Adoptive Parents

When someone goes through the adoption process, and the court approves the adoption petition, that person becomes your adoptive parent. It is critical to note that the adoption process must be completed before your 16th birthday in order for your adoptive parent to be eligible for U.S. immigration benefits.

You must present the following documents when petitioning for your adoptive parent:

• Your birth certificate
• Your certificate of naturalization (only applies if you were not born in the United States)
• Certificate of adoption. This must show that the adoption proceedings ended before your 16th birthday.
• A statement showing the dates and places you have lived together with your parent

Keep in mind that an adopted child cannot petition for their natural parents. This is because when you are adopted, all parental and legal ties between you and your natural parents are severed.

Step 1: Gather all the requirements

To get your petition started, you must gather all of the necessary paperwork. Form I-130, Petition for Alien Relative, is the essential document in your petition. The supporting documents that must be provided to this form vary according to the type of parents you have. Refer to the above discussion on who qualifies as your parent. 

Remember to provide all of the information requested on the form and sign it. If you fail to do it or information on some sections is missing, the USCIS may reject your petition.

Step 2: Submit your requirements

When you have finished gathering all the documents and filling them out, you must make a copy of everything. Once done, you may now proceed with submitting your petition. There are two channels for submitting your petition – online or by mail.

For online submissions. The very first thing you should do is to create an account in the USCIS portal. Once done submitting your form I-130, you will receive a receipt notice from the USCIS to your online account. Remember to include a copy of the receipt notice in your relative’s Form I-485 packet. 

It is important to remember that you cannot do the filing online if you are seeking a fee waiver. You must do it by mail. 

By mail. The mailing address for your form will be determined by where you live and whether or not your relative is also concurrently filing Form I-485. Most of the time, you’ll need to mail your petition to the following Lockboxes in Chicago, Dallas, or Phoenix.

Visit the Direct Filing Addresses for Form I-130 page for a complete list of addresses.

As a law firm, we strive to provide quality legal assistance to our clients who have any immigration matters. Our North Carolina immigration lawyers have years of experience practicing law, especially immigration laws. Whatever your immigration case is, we are here to make it a reality!